Federal law (the Controlled Substances Act) prohibits the possession, use, sale etc. of marijuana. What to do about state laws, such as Colorado’s, that not only permit but affirmatively license (and regulate) this commerce? For an instructive discussion of the legal problems, see this debate, co-sponsored by the Federalist Society and the Center for Business Law and Regulation at Case Western Law School (headed by the excellent Jonathan Adler, who organized and moderated the event). Most conservatives, myself included, find this difficult. On one hand, why shouldn’t states be allowed to have their own laws on marijuana, just as they do…
|Case Western Law School, Center for Business Law and Regulation, Clean Air Act, Colorado, Conservatives, Controlled Substances Act, Department of Justice, Federalist Society, Immigration, Jonathan Adler, marijuana, possession, PPACA, Preemption, RICO, state laws, Suspension of law
Federalism in the Weeds
by Michael S. Greve|